Can I stay with L1 visa after October even if H1 is approved?

Hi,

I am on L1 visa with current employer. New consulting employer filed H1B application in last month. Now my current employer has resolved my concerns and hence I am in dilemma that should I continue with current employer or not.

I would like to know this scenario in legal point of view.

If I want to continue working with L1 visa with current employer, can I do that even if my H1B is approved ? Is it must that I have to start working for new employer with H1B visa from 1st October? Will my L1 visa be null after 1st October ?

I know it is not good idea since one place for h1 application will be west, but at this stage I am confused and hence seeking your help to know it, legal point of view.

Thanks,

abc

It depends on whether your case was filed with COS?

Yes, it is filed with COS.

Yes, it was filed with COS.

As your petition was filed w/ COS, it is important to invalidate the COS. You have following options:

  1. Travel outside of US while COS is pending, and then return on L-1 visa. This way H-1 would get processed w/o COS

  2. Leave US after COS gets approved (prior to Oct 1) and return on L-1 visa after Oct 1.

  3. File COS from H-1 to L-1 after Oct 1, but in this case you will have to work on H-1 from Oct 1 to COS approval date.

Thanks Saurabh for your answer.

I will think on it and decide what to do.

For suggestion no 1.
Travel outside of US while COS is pending, and then return on L-1 visa. This way H-1 would get processed w/o COS

Do we need to travel to india only or Will travel to mexico for 2 days and come back to US on L1 makes COS invalidate ?